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Capability FAQs

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Can a line manager refer a member of staff to occupational health if they think their state of health is leading to their poor performance?
  • Yes, this is the best option. The line manager should have an informal conversation with the employee and suggest this. The member of staff will have to agree to this if they refuse to go, the line manager cannot make them. If the employee does refuse to go, the line manager will then have to advise the employee that they will have to make a judgement about their poor performance without the benefit of occupational health advice.
  • The line manager should also advise the employee that if their performance does not improve, they may have to take formal action under the capability procedure, which the employee should be given a copy of.
  • The line manager should also remind the employee that the organisation provides a confidential counselling service for staff.
  • Should the line manager believe that the underperformance is associated with a suspected disability, they must refer the member of staff to Occupational Health as soon as possible for further guidance and support.
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